Trademarks Briefing (Pharma) - Switzerland

Please give details of the major acts and directives governing trademarks.

National legislation governing trademarks in Switzerland includes:

• Bundesgesetz vom 28 August 1992 über den Schutz von Marken und Herkunftsangaben (Markenschutzgesetz, MSchG) (Federal Law on the Protection of Trademarks and Indications of Source) of 28 August 1992, came into force 1 April 1993, as amended (http://www.admin.ch/ch/d/sr/c232_11.html).
• Markenschutzverordnung vom 23 Dezember 1992 (MSchV) (Ordinance the Protection of Trademarks) of 23 December 1992, came into force 1 April 1993), as amended (http://www.admin.ch/ch/d/sr/c232_111.html).
• Federal Law against Unfair Competition of 19 December 1986, last amended 24 March 1995.

The following legislation regulates the interaction between intellectual property and competition under in Swiss law:

• Bundesgesetz vom 6 Oktober 1995 über Kartelle und andere Wettbewerbsbeschränkungen (Kartellgesetz, KG) (Federal Act of 6 October 1995 on Cartels and other Restraints of Competition (Cartel Act, CartA)), came into force 1 February 1996 (http://www.admin.ch/ch/d/sr/c251.html);
• Verordnung vom 12 März 2004 über die Sanktionen bei unzulässigen Wettbewerbsbeschränkungen (KG-Sanktionsverordnung, SVKG) (Ordinance of 12 March 2004 on Sanctions imposed for Unlawful Restraints of Competition (Cartel Act Sanctions Ordinance, CASO)), came into force 1 April 2004 (http://www.admin.ch/ch/d/sr/c251_5.html).

Is your jurisdiction party to any international conventions on trademark protection? When did it join these conventions?

Switzerland is party to the following international conventions:

• WIPO Paris Convention for the Protection of Industrial Property (1883), since July 1884. http://www.wipo.int/treaties/en/ip/paris/trtdocs_wo020.html;
• WIPO Trademark Law Treaty (1994), since May 1997. http://www.wipo.int/treaties/en/ip/tlt/;
• WIPO Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (1957), since August 1962. http://www.wipo.int/treaties/en/classification/nice/;
• WIPO Madrid Agreement for the Repression of False or Deceptive Indications on Source of Goods (1891), since July 1892. http://www.wipo.int/treaties/en/ip/madrid/trtdocs_wo032.html;
• WIPO Madrid Agreement Concerning the International Registration of Marks (1891), since July 1892. http://www.wipo.int/madrid/en/legal_texts/trtdocs_wo015.html;
• WIPO Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (1989), since May 1997. http://www.wipo.int/madrid/en/legal_texts/trtdocs_wo016.html;
• WIPO Singapore Treaty on the Law of Trademarks (2006), since March 2009. http://www.wipo.int/treaties/en/ip/singapore/singapore_treaty.html;
• WIPO Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks (1973), signatory since June 1973. http://www.wipo.int/treaties/en/classification/vienna/trtdocs_wo031.html.

Which are the major bodies responsible for assessing trademark applications and registering trademarks?

Trademark applications are assessed by the Eidgenössische Institut für Geistiges Eigentum (Swiss Federal Institute of Intellectual Property) (IGE). The IGE was established under the Bundesgesetz vom 24 März 1995 über Statut und Aufgaben des Eidgenössischen Instituts für Geistiges Eigentum (IGEG) (Federal Law on the Statute and Tasks of the Federal Institute of Intellectual Property of 24 March 1995, came into force 1 January 1996), as amended (http://www.admin.ch/ch/d/sr/c172_010_31.html).

An applicant may also:

• apply for a European Community Trademark (CTM). This offers an applicant protection across all EU member states through a single application filed directly with the Office for Harmonization in the Internal Market (OHIM) (the trademarks and designs registration office of the European Union) or forwarded to OHIM by the IGE together with a handling fee of €25. A CTM offers the same term of protection as that for a trademark registered in Switzerland – 10 years. A CTM can be renewed indefinitely for further 10-year periods. If the trademark is refused in one country, it will be invalid in all countries. Applications should be made via the OHIM CTM application: e-filing form, available from the OHIM website at: http://oami.europa.eu/ows/rw/pages/QPLUS/forms/electronic/fileApplicationCTM.en.do.
• apply to register its trademark through the international Madrid Protocol system which covers countries which have joined the Protocol. It is administered by the World Intellectual Property Organisation (WIPO) in Geneva. An application for international registration must be processed and forwarded to WIPO by the national IP office (the IGE in this case). WIPO then checks the application, records the trademark in the International Register if all requirements are met, and publishes the registration in the ‘WIPO Gazette of International Marks’. Contracting states may refuse protection under their respective national legislation within one year (Madrid Agreement) or 18 months (Madrid Protocol). If protection is granted, the international registration holder has the same rights as an owner of a national trademark. If one country refuses the trademark, protection is still maintained in the other chosen countries. The term of protection of an international mark is 20 years under the Madrid Agreement and 10 years under the Protocol. It can be renewed indefinitely. Applications must be presented using forms issued by WIPO, which are available at http://wipo.int/madrid/en/forms/. General information on the Madrid system is available at http://www.wipo.int/madrid/en/.

What can be registered as a trademark? Under what circumstances will registration be refused?

The types of trademarks which can be registered in Switzerland include: individual marks; collective marks; or guarantee marks. Each of these can consist of:

• Numbers, letters and words in any combination;
• Three-dimensional (3-D) marks (including shapes);
• Design marks;
• Colour combinations of at least three different colours. A recent Appeal Board decision concluded that black and white were considered to be colours. Single colours can only be registered if they have acquired distinctiveness or secondary meaning;
• Sound marks, can only be registered if they can be represented graphically; melodies only if accompanied by words;
• Position marks, or
• Any combination of the above.

Single numbers and letters, indications for objects and descriptive elements; signs which offend public laws of decency or are misleading or illegal are all excluded from trademark protection in Switzerland.

National insignia and other official signs are also excluded.

What is the procedure for registering trademarks? What are the key stages of the process? What fee is payable?

It is necessary to register a trademark in Switzerland, although limited protection is available to unregistered marks under the law of unfair competition. Protection starts from the filing date of the application and grants exclusivity with respect to the use of the mark.

In principle, any person or company can register a trademark. If domiciled in Switzerland an applicant is not obliged to retain an agent or trademark specialist. If the applicant or company is domiciled outside the country, an agent who is domiciled in Switzerland must be appointed.

An application for the registration of a trademark must be made by completing the official form available to download from the Eidgenössische Institut für Geistiges Eigentum (Swiss Federal Institute of Intellectual Property) (IGE) website in German, French and Italian only at (https://www.ige.ch/en/service-links/downloads.html#marken). The completed application must be sent to the IGE by post or fax or by using the online application system, e-trademark (https://e-trademark.ige.ch/).

The application must include:

• the applicant’s name and address;
• the mark to be protected; and
• list of products and services.

No supporting documentation is required.

Under Swiss Trademark Law the IGE is not authorised to carry out searches. Therefore before submitting a trademark registration application to the IGE, an applicant should carry out their own search for prior trademark rights across all relevant registers; in order to determine whether a similar or identical mark has not already been applied for or registered and to make sure that the applied for mark is not refused on relative ground as a consequence of third party opposition. Relevant registers include:

• The Swiss Trademark Register which lists all national trademarks;
• The World Intellectual Property Organistation (WIPO) Register which lists all international trademarks;
• Domain name registers; and
• Company name registers.

Initial searches can be done over the internet or via a specialist.

Information on conducting trademark searches and internet research can be found on the IGE website at https://www.ige.ch/en/searches/trademarks/trademark-searches.html and https://www.ige.ch/en/searches/trademarks/internet-research.html respectively.

After the applicant has sent the IGE their correctly completed form, the IGE will send the applicant an invoice for the filing fee and an affidavit of the filing. The application will be examined once the fee has been paid.

If there are no apparent problems, a trademark is examined within ten working days and registered following payment of the fees. All other applications are examined within a maximum of six months after payment of the filing fee and are then afterwards registered if there are no objections. An applicant can request “Express” processing for an additional cost. This guarantees that the application will be processed (or the objections sent) within one month and the remaining steps taken within two months.

In the formal and substantive examination procedure, the IGE will make a decision as to the registrability of the filed mark. If it is of the opinion that the trademark is not registrable, it will provide the applicant with an opportunity to comment or rectify any anomalies. If the applicant wishes to contest the IGE’s objections, it must do so in writing.

If registration is approved, the trademark is entered in the register and published in the Swiss Official Gazette of Commerce (SHAB). The applicant will be sent a certificate of registration. The three-month opposition period begins once the trademark is published in the SHAB. During this period, owners of prior trademarks which are identical or similar to the newly registered mark can file an opposition to the new mark. The fee for filing an objection is CHF800.00.

Following registration, third parties have up to three months following publication of the mark in the SHAB to file any opposition they may have. If opposition is based on a mark’s notoriety, rather than prior registration, proof of the reputation and use of the mark must be filed with the opposition. As long as a claim is based on relative grounds an earlier mark’s owner can claim better rights in relation to the new registration.

Oppositions cannot be based on a mark’s fame if the specifications of the goods or services in question are not identical or similar.

All oppositions should be filed with the IGE; a separate opposition must be filed for each mark. IGE decisions can be appealed to the Federal Administrative Court, who has the jurisdiction to decide on opposition procedures. If the Board’s decision is not acceptable to either party a civil court action can be commenced. Civil court decisions can be appealed to the Swiss Federal Tribunal.

If the registration application is refused, the applicant can file an appeal to the IGE within 30 days. Its decision can be further appealed before the Federal Supreme Court of Switzerland. Grounds for refusal include:

• Lack of distinctiveness;
• The mark is misleading; or
• The mark is contrary to public policy, morality or law.

Relative grounds are not taken into account during the examination process. It is therefore, up to the earlier mark’s owner to decide whether to take steps against the latter mark’s owner.

The basic fees for filing a trademark in Switzerland are CHF550.00 (or CHF350.00 for e-trademark filing) for 10 years. This includes registration in up to three classes of goods or services. The fee for every additional class is CHF100.00 (or CHF60.00 if registered electronically). The expedited trademark examination procedure costs an additional CHF400.00. Renewal fees are CHF550.00 with a CHF50.00 surcharge for submission during the six-month post-deadline grace period. Up-to-date fee information can be found at https://www.ige.ch/en/trademarks/fees.html.

A trademark may be cancelled at no cost to the owner if they submit the appropriate written request. It is also possible to have the mark deleted from one or more classes of goods and services. Registration for a trademark is automatically cancelled after ten years unless an extension request has been submitted.

Amendments to the name or company name, address or registered office or representative are entered into the register on submission of a formal application. The list of goods and services may also be restricted by submitting a written application. However, extensions to the list are not possible; in this case a new filing is required. Amendments to trademark registration are mostly free of charge.

If only part of a trademark’s list of goods and services is challenged a proprietor can request division of the trademark in writing. In this case, the unchallenged portion is divided off and receives its own registration number with the original priority date.

Revised guidelines for the examination of trademark were issued by the IGE in January 2007. These guidelines were updated as regards to acoustic trademarks and for accepted trademarks (see part 4, s 10) from 26 June 2009.

What is the test for obtaining trademark protection?

In order for a mark to be registered in Switzerland it must be:

• Capable of being represented graphically;
• Capable of distinguishing a company’s or person’s goods or services from those of their competitors (Article 1(1) Markenschutzgesetz, MSchG (Federal Law on the Protection of Trademarks and Indications of Source) of 28 August 1992; and
• Inherently distinctive (Article 2, MSchG).

Furthermore, a trademark must not be:

• descriptive or constitute public property, unless they have acquired secondary meaning;
• misleading/deceptive as to the origin of the goods or services; or
• contrary to public order or morality.

Marks which are descriptive or non-distinctive can become eligible for registration through use for the goods or services claimed; in this case an applicant must be able to show 10 years’ use in Switzerland. Trademarks that have acquired distinctiveness under these conditions are published as having ‘acquired distinctiveness’ in the Swiss Official Gazette of Commerce (SHAB).

For how long is trademark protection given? Is it possible to gain extensions in protection?

A trademark registration in Switzerland is valid for ten years from the date when an application was filed. If an applicant decides to substantially change their application, or decides to expand the scope of protection, the resulting postponement in the filing date will cause a postponement in protection.

Trademark registration can be renewed indefinitely for further ten-year periods, subject to the payment of a renewal fee.

Renewal may be requested 12 months before the expiration date at the earliest, or, upon payment of a higher renewal fee, six months after that date.

When is a registered trademark infringed?

A registered trademark is infringed if a third party uses:

• an identical mark for identical goods or services;
• an identical mark for similar goods or services, provided that this gives rise to a likelihood of confusion as to the origin of the goods or services; or
• a similar mark for identical or similar goods or services, provided that this leads to a risk of confusion as to the origin of the goods or services.

A risk of confusion exists if two trademarks create the same impression, whether phonetically, visually and/or conceptually, or if the consumer might be deceived into thinking that both products come from the same source or from related entities.

What is the process for enforcing brand or trademark infringement? On what grounds can a trademark owner bring an infringement action?

A trademark owner’s rights are infringed if a mark or sign which is identical or confusingly similar to the owner’s registered mark is used in respect of identical or similar goods or services without the owner’s consent.

An infringement action can be brought under the following circumstances:

• Unauthorised marking of goods or packaging with the marks;
• Unauthorised offering, announcing or offering of products bearing the mark;
• Unauthorised offering or performing of services under the mark; or
• Unauthorised use of the mark on business papers for publicity or other business reasons.

Under the Article 25 of the Swiss Federal Act on Jurisdiction of 24 March 2000 a claimant has the right to choose where to file a civil action, in either:

• His own domicile;
• The defendant’s domicile;
• The place where the infringing acts were committed; or
• The place where the infringing acts had an effect.

Each Swiss canton can appoint the court in which the action should be brought. There is only one competent court at each cantonal level which initially tries infringement cases (Article 58(3), MSchG). A judgment at the cantonal level can be appealed to the Swiss Federal Tribunal.

At present, each of Switzerland’s cantons has its own laws on civil procedure. Consequently, the process for enforcing trademark infringement through the court system can be very different in different parts of Switzerland.

There are no specialist trademark or IP courts in Switzerland, although the federal trademarks legislation provides that each canton must designate one court for civil actions in trademark cases. This is usually the cantonal court or commercial court.

Under the Articles 61 to 69 of the MSchG the penalties for those convicted of counterfeiting include up to five years imprisonment and fines of CHF100.000. The injured party can instigate criminal investigations, except where an infringer acts in trade, in which case, they are prosecuted ex officio.

An owner can request assistance from the customs authorities by filing a formal application (Article 71, MSchG). If an application is filed and infringing goods are seized at the border, the owner must ask a competent court to issue a precautionary measure upholding the seizure of the infringing goods. This order must be issued within 10 working days (extendable by a further 10 days) (Article 72(2 and 2bis), MSchG. Under Article 72(3), MSchG if precautionary orders are not requested or prove unjustified in a final judgment the trademark owner may be liable to the importer of the goods in question for any losses incurred.

The Eidgenössische Institut für Geistiges Eigentum (Swiss Federal Institute of Intellectual Property) (IGE) has no jurisdiction to decide on the likelihood of confusion between newly registered trademarks and an older trademark belonging to a third party. In this case, disputes are decided by the responsible court.

A new set of laws were due to come into effect in 2007, under these the Federal Board of Appeal for Intellectual Property would be abolished and replaced by a new Federal Administration Court. The new court would be competent for recourses against the IGE’s decisions, both in application and opposition proceedings. The Swiss rules on civil procedure are also undergoing reform with the aim of harmonisation at cantonal level.

What defences are available in trademark infringement cases?

The defences open to a defendant in trademark infringement cases include:

• The mark not being identical to the prior registration;
• The mark not being confusingly similar;
• The defendant’s goods being different from those with prior registration protection;
• The prior registration is common property and registered by mistake.

As to a mark’s use, a defendant can claim:

• Non-enforceability of the mark in cases where it has not been used during the last five years;
• It has only been used for private purposes;
• A lack of distinctiveness means the mark is seen as common property;
• He used the mark before the owner applied, therefore proof of use is needed (Article 14(2), MSchG);
• The owner of the trademark’s claim is barred by the doctrine of laches (knowing of the infringement, the trademark owner did not assert their rights at the time and so due to delaying are prevented from claiming).

Under what circumstances can the registration of a trademark be revoked, invalidated or removed?

Under Article 11(1), Markenschutzgesetz, MSchG (Federal Law on the Protection of Trademarks and Indications of Source) 1992 a trademark registration can be revoked if the mark is not used, without legitimate reason, in Switzerland or used as an export mark within the five years following its registration.

Under Article 12(2), MSchG if a mark is not used until after the five years has expired; its protection will become valid retroactively from the original priority date, subject to the condition that, in the meantime no third party has claimed non-use of the older mark.

What remedies are available to the brand owner?

The remedies available to a brand owner under Article 55, Markenschutzgesetz, MSchG (Federal Law on the Protection of Trademarks and Indications of Source) 1992, for trademark infringement include:

• An injunction, to stop further infringement taking place;
• A cease and desist order;
• An order which states the origins of the goods and services providers which unlawfully bear the trademark (names and addresses must be included);
• The seizure of the infringing goods;
• Declaratory judgments;
• Financial compensation in the form of damages and redress – damages may be calculated on the basis of diminution of the trademark owner’s profits; dilution of the trademark and confusion to the public; costs of enforcement; the illegal profit made by the infringer; or an adequate licence fee. In order for damages to be awarded, under the general rules of the Swiss Code of Obligations, the complainant must be able to establish the defendant’s fault. Punitive damages are not available in Switzerland; or
• A surrender of profits, in this case a recent Federal Tribunal decision has confirmed that proof of fault on the defendant’s side must be shown.

What protection is available for non-registered trademarks?

An unregistered trademark can benefit from protection only if the mark has become famous in Switzerland. Although trademark law explicitly introduces the notion, it does not explain what constitutes a famous mark. Case law shows that a famous trademark must be known outside the consumers’ circle, and the originally concerned products or services must have a unique character and a high perceived value which is transferable to other goods. Once a trademark owner can prove the famous status of the mark at stake, it is relatively easy to prevail in a dilution claim, as consumer confusion is not required for such a claim.

Under Article 14 of the Markenschutzgesetz, MSchG (Federal Law on the Protection of Trademarks and Indications of Source) 1992, marks which are in use but are unregistered can still be used regardless of whether third parties register the same mark for identical or similar goods, at a later stage. However, as soon as a third party registers a mark, the earlier unregistered mark’s owner cannot widen their mark’s scope by using it for other goods or services which are identical or similar to the goods or services claimed under the registered mark.

Unregistered trade and service marks can also benefit from infringement protection under the Federal Law against Unfair Competition of 19 December 1986, which in general forbids any unfair acts, in particular deception, denigration, unnecessary references in advertising and misleading comparisons of goods and services.

Can trademarks be assigned?

Under Article 17 of the Markenschutzgesetz, MSchG (Federal Law on the Protection of Trademarks and Indications of Source) 1992, Swiss trademarks can be wholly or partially assigned to another person in relation to all or part of the goods or services for which the mark is registered. The assignee must submit a written application containing the following information: family name and first name or company name, and address of the assignee; a simple declaration from the previous proprietor of the right or another document from which it is evident that the trademark has been transferred to the person submitting the application.

In order for assignment to be valid it must be given in writing. Assignment is only valid against third parties acquiring a mark in good faith if it has been registered with the Eidgenössische Institut für Geistiges Eigentum, IGE (Swiss Federal Institute of Intellectual Property).

Under Article 17(4), MSchG, in the absence of an agreement to contrary, the assignment of a company includes the assignment of its trademarks. A trademark’s assignment is not dependent on the simultaneous transfer of the industrial facilities relating to the area where it was previously used.

Can trademarks be licensed?

Under Article 18, MSchG, Swiss trademarks can be wholly or partially licensed for use in part or all of Switzerland. Both the licensor and the licensee must request, in writing, that the Eidgenössische Institut für Geistiges Eigentum, IGE (Swiss Federal Institute of Intellectual Property) register the licence, in doing so the licence becomes valid against third parties acquiring the mark.

There are no formal requirements as to a licence’s format. In addition there is no requirement to licence the know-now associated with the goods or services protected by the trademark.

Trademark licences are not subject to any requirements on the part of the licensor or the licensee.

Trademarks may also be pledged. In this case, if requested to do so, the IGE enters the pledged right into the register of trademarks.

Can trademarks be used as security?

Under Article 19, MSchG, Swiss trademarks can be:

• Usufruct (the legal right to use and derive profit from property which belongs to someone else as long as the property is not damaged);
• An execution measure; or
• A lien.

If a mark has been registered with the IGE, usufruct and lien are valid against third parties acquiring a mark in good faith only.

Please supply details of impending changes to the legislation governing trademarks. How are they likely to affect future litigation?

The discount to the application fee which has been available to trademark applicant’s filing their trademark applications electronically via the IGE’s ‘e-trademark’ online service is to come to an end on 1 January 2010. This is due to the high take-up in using this service since its introduction at the end of 2002 and the drop off in using other methods to file an application. The IGE plans to use the additional revenue to further develop its electronic services. The IGE has recently launched an online help tool, available on its ‘e-trademark’ site to automatically check lists of goods and services with the results being the same in different colour codes. Future projects in this area planned by the IGE include: the online viewing of files and the possibility for the applicant/agent to directly modify registration; this would however, require major changes to the IGE’s current internal administrative system, a process which is already underway.

What are the most important trademark cases over the past 5-10 years, particularly those which relate to healthcare?

In Ecofin/Scholand (BGE 132 III 579, 5 May 2006) a group of claimants with “Ecofin” as part of their company name sued Scholand, a German citizen, who owned the Swiss trademark ECOFIN. Ecofin brought an action for the cancellation of Scholand’s trademark in Switzerland on the grounds that such registration amounted to unfair competition. Ecofin’s claim was based on Article 5, s 3 and Article 16, s 4 of the Lugano Convention. Scholand disputed the Swiss Courts competence, claiming the dispute was about who had the better right to the ECOFIN trademark and therefore, did not come under Article 16 s 4 of the Lugano Convention, invoking the European Court of Justice decision in Duijntsee/Goderbauer of 5 November 1983. The Swiss Federal Tribunal ruled that a nullity action of a registered right did fall under Article 16 s 4 of the Lugano Convention and therefore confirmed the Swiss Courts competence.

A Federal Supreme Court decision from 7 April 2009 endorsed the appeal against the ruling of the Federal Administrative Court, thereby recognising the original distinctiveness of a melody without verbal elements for products of Class 30. The Federal Supreme Court has established new rules of experience or examination criteria for acoustic trademarks in a reversal of IGE’s examination principles which defined that melodies without linguistic accompaniment basically lack original distinctiveness (see FC 4A_566/2008 – Acoustic Trademarks, Ext. 2.5.2). Based on this ruling, the Institute has changed its practice and now classifies acoustic trademarks as conventional signs, analogous to word and figurative marks. Acoustic signs that constitute a trademark are basically to be registered as such, in accordance with Art 1 Para 1 of the Trademark Act, unless a reason for exclusion exists in relation to the products or services for which it is used, such as the descriptive character or conventionality.

Useful contacts

Eidgenössische Institut für Geistiges Eigentum, IGE (Swiss Federal Institute of Intellectual Property)

Stauffacherstrasse 65/59g, CH-3003 Bern, Switzerland

Tel: [phone]

Email: [email protected]

Web: http://www.ige.ch

Staatssekretariat für Wirtschaft, SECO (State Secretariat for Economic Affairs)

Effingerstrasse 31, CH-3003 Bern, Switzerland

Tel: [phone]

Email: [email protected]min.ch

Web: http://www.seco-admin.ch

Swiss Official Gazette of Commerce (SHAB)

Postbox 8164, CH-3001 Bern, Switzerland

Tel: [phone]

Email: [email protected]

Web: https://www.shab.ch

Office for Harmonization in the Internal Market (OHIM) (the trade marks and designs registration office of the European Union)

(Trade Marks and Designs)

Avenida de Europa, 4

E-03008 Alicante

Spain

Tel: + 34 96 513 9100

Email: [email protected]

Web: http://oami.europa.eu/ows/rw/pages/index.en.do

World Intellectual Property Organisation (WIPO) - http://www.wipo.int

Swiss Federal Authorities - http://www.admin.ch/index.html?lang=en

Eidg. Amt für das Handelsregister (Federal Office of the Commercial Registry)

Bundesrain 20, CH-3003 Bern, Switzerland

Tel: [phone]

Email: [email protected]

Web: http://www.bj.admin.ch/bj/de/home/themen/wirtschaft/handelsregister.html